H1B terminated

[chloe27]

Hi everyone! I would really appreciate if anyone can help me with my case.

I have an H1B visa and ready to leave for the United States next week to start work. The other day, my employer sent me a message saying my services won't be needed anymore. He said he doesn't want to move forward into working together just because of a small misunderstanding. He didn't say anything about reporting to INS nor sending me a written notice of my termination. He didn'tinform me of his plans for my working visa. These are my questions:

1. Can he legally terminate me when I haven't even started work yet?
2. Does he have any legal grounds to terminate me?
3. Can he terminate my employment and report to INS without informing me?
4. Can I still go to US to look for another job so I can have an H1 transfer?

Please please help.. I'm really confused on what to do.. Thanks in advance!

[shervin143]

1. Can he legally terminate me when I haven't even started work yet?
>>> How does that matter? The employer doesn't want to employ you and they are not ready to take you into their payroll. You can call it as termination or declining the offer. It doesn't really matter.

2. Does he have any legal grounds to terminate me?
>>> Yes. Employers have the right to hire/fire their employees.

3. Can he terminate my employment and report to INS without informing me?
>>> Yes. If you are in U.S now, then they will have to provide your the return ticket home.

4. Can I still go to US to look for another job so I can have an H1 transfer?
>>> You cannot travel without a valid job in hand. You cannot use the employer's petition to travel without their knowledge. At the POE, if the officer figures out that you are travelling without a valid job or if the petition was already send for revoke, then they will deport you back and that willbe there in your history forever and will harm your future petitions and visa stampings.

Please please help.. I'm really confused on what to do.. Thanks in advance!
>>> Find a new employer and transfer your petition. Any employer can file a new H1B petition using the CAP from your existing H1B approval notice (Give the new employer a copy of your existing approval notice) and request an immediate start date. When the petition gets approved, you can travel to U.S to work for the new employer. If you already have a valid H1B visa in your passport, then you can use that to travel along with the new employer's petition. Whether the current H1B sponsor revokes their petition or not should not be your concern and you will still be able to use the CAP from that petition to file a new petition.

[chloe27]

Thank you for your advice. So if I go to the US and i get deported, does the 3/10 bar rule apply?

[shervin143]

Either that or you could even be banned for life. It depends on the officer who handles your case.

Thank you for your advice. So if I go to the US and i get deported, does the 3/10 bar rule apply?